RESOLUTION
REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION
AND TO INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING
OF A MINNESOTA STATE AID VARIANCE IN THE RECONSTRUCTION OF ANDERSON
ROAD FROM TRINITY ROAD (TH 53) TO CHAMBERSBURG AVENUE.

BY
COUNCILOR STOVER:

WHEREAS, it
is deemed necessary for the public convenience and safety that Anderson
Road from Trinity Road (TH 53) to Chambersburg Avenue (City Project No. 0351TR)
be reconstructed; and

WHEREAS, this
project will not be eligible for municipal state aid funds unless it is
constructed to urban state aid standards for an urban street, 30 mph design
speed or unless a variance is granted; and

WHEREAS, practical
limitations require that the vertical alignment through a segment of the
project be constructed utilizing a shorter vertical curve length than
dictated by standards, resulting in a 20 mph design speed in lieu of a
30 mph design speed, which requires a variance from the commissioner of
transportation in accordance with Minnesota Rules Chapter 8820.3300.

NOW, THEREFORE,
BE IT RESOLVED, that the city of Duluth requests the commissioner of transportation
for a variance from Minnesota Rules Chapter 8820, whereby the urban state
aid standards be reduced for this project allowing for a sag vertical
curve length (190 feet) less than that required for a 30 mph design speed,
and further provides that if the commissioner grants the variance that
the city of Duluth hereby agrees to indemnify, save and hold harmless
the state of Minnesota and its agents and employees of and from any and
all claims, demands, actions or cause of action arising out of or by reason
of the reconstruction of Anderson Road in the city of Duluth in any manner
than in accordance with Minnesota Rule 8820.9936 and further agrees to
defend at its sole cost and expense any action or proceeding commenced
for the purpose of asserting any claim of whatsoever character arising
as a result of granting of this variance.

STATEMENT
OF PURPOSE: Anderson Road - proposed to be reconstructed in
2005-2006 in conjunction with Mn/DOT's Trinity Road (TH 53) reconstruction
- is on the city's municipal state aid street system. Due to the elevation
and grades of abutting properties, the elevation and grade of the reconstructed
street will expectedly not meet municipal state Aid (MSA) standards with
regard to the length of the vertical curve through this roadway segment.
Consequently, it is necessary for the city to request a variance to MSA
design standards for this project. In order to proceed with a variance
request under Minnesota Rules 8820.3300, a formal request in writing in
the form of a city council resolution must be submitted to the commissioner
of transportation before it will be considered or reviewed. The city will
then forward the resolution along with the other documentation cited in
the rules for consideration by an advisory committee on variances appointed
by the commissioner of transportation. If the commissioner grants the
variance it is conditioned on the city agreeing to indemnify and hold
the state harmless from any claim or action which arises from the relaxation
of the vertical curve length through this roadway segment of Anderson
Road. This resolution requests the variance and commits the city to indemnification
of the state of Minnesota for claims arising in which the design variance
is alleged to be the cause an accident.